From Trish Maskew at Ethica…
Jan 31, 2008
1. Hague Rumor.
We understand that a rumor is spreading that the State Department will require Vietnam to become a party to the Hague Convention before a new Memorandum of Understanding can be signed. We have confirmed with the Department of State that this rumor is false.
As the U.S. is poised to enter the Convention, it is, of course, recommending that all countries become parties. Under the Convention, bilateral agreements like the one the Vietnamese government requires are not necessary. However, the U.S. is fully aware that the process of becoming a party to the Hague is serious and time intensive, and there is no expectation that Vietnam will become a party to the Hague before the current agreement expires in September. The U.S. will thus be conducting negotiations with Vietnam on renewing the MOU.
2. Cases in process on September 1.
Families are understandably concerned about the recent State Department warning and are anxious for information about whether cases “in process” on September 1 will be completed by Vietnam, and further which cases are considered “in process” (for example, cases in which a dossier is logged in or cases in which a referral has been made).
Ethica has spoken with the Department of State about these questions and we have requested that DOS seek a definitive answer from the DIA.
We must continue to caution families that, at this time, no one can guarantee what will happen on September 1. Some families are reporting that their agencies have assured them that all families with dossiers in Vietnam on September 1 will be assigned a referral and completed. Some report that their agencies have received assurances or one sort or another directly from DIA.
Ethica believes that such guarantees, even when made in good faith, are ill-advised in the current situation, and reminds parents that there have been endless conflicting reports about what DIA has said about several issues, including the practice of “umbrella’ing” and donations to orphanages. Therefore, families are cautioned against putting their faith in anything that is not an official announcement from the U.S. government that transmits what the DIA has decided about in-process cases. While such official pronouncements can also be changed at a later date if Vietnam were to choose to do so, an official announcement is a stronger indication of what will likely occur.